LAWS(MAD)-2018-7-808

PREM BEHL Vs. RENDINGTON (INDIA) LTD

Decided On July 25, 2018
Prem Behl Appellant
V/S
Rendington (India) Ltd Respondents

JUDGEMENT

(1.) It is the case of the complainant/M/s. Rendington (India) Ltd., that they are engaged in the business of distribution of computers and computer peripherals and related products for various multi-national companies; that the first accused/M/s. Sai Infosystem (India) Limited had purchased Wipro Computers and Monitors, IBM Software E- Licences, etc., for a period of time under various invoices, towards which a sum of Rs. 4,06,52,202/- was due. Towards the said liability, M/s. Sai Infosystem (India) Limited /A-1 have issued the impugned cheque dated 15.07.2013 for Rs. 4,06,52,202/- in favour of M/s. Rendington (India) Ltd., /Complainant, which was presented on 08.07.2013 and the same was dishonoured for insufficiency of funds; that M/s. Rendington (India) Ltd., /Complainant has issued the statutory notice dated 05.08.2013 to M/s. Sai Infosystem (India) Limited /A-1 and to all its Directors, namely, A-2 to A-10; that the amount demanded in the notice was not paid and therefore, M/s. Rendington (India) Ltd.,/Complainant have launched a prosecution before the learned IX Metropolitan Magistrate, Saidapet, Chennai, in C.C.No. 3647 of 2016 under Section 138 of the Negotiable Instrument Act and the same is pending.

(2.) In the said complaint, there are ten accused including Prem Behl, who is the petitioner herein. Challenging the prosecution, Prem Behl/the petitioner herein is before this Court.

(3.) Heard Mr.Sai, learned counsel appearing for the petitioner and Mr.Narendran, learned counsel appearing for the respondent.